Sk. Shabbir Sk. Babumiya And ANR v. New India Assurance Co. Ltd., And ANR

930-ca-13343-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13343 OF 2021 IN FIRST APPEAL STAMP NO. 29659 OF 2017 Shaikh Shabbir Shaikh Babumiya and another ... Applicants

Versus

New India Assurance Company Ltd & another ... Respondents ....

Mr. S. V. Suryawanshi, Advocate for applicants Mr. M. M. Ambhore, Advocate for respondent No.1 ....

CORAM : R. G. AVACHAT, J.

DATED : 10th DECEMBER, 2021 PER COURT :- .

Heard.

2.

The mother of the applicants has passed away in the accident. The challenge mainly appears to be on the ground of quantum. Although the applicants were said to be major earning members, they are necessarily entitled for compensation. 3.

In the fitness of things, the applicants are permitted to withdraw 70% of the amount in deposit with interest accrued thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4.

The civil application is disposed of.

[ R. G. AVACHAT, J. ] SMS